Date: 05-01-1997

Case Style: Facility Contractors, Inc. v. Thorn Apple Valley, Inc., et al.

Case Number: CJ-96-61

Judge: Leslie D. Page

Court: District Court of Kay County Oklahoma

Plaintiff's Attorney: Pete Stamper of Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, Tulsa, Oklahoma.

Defendant's Attorney: Stephen Wasinger of Honigman, Miller, Schwartz and Cohn, Detroit, Michigan for Thorn Apple. Guy Clark of Northcutt, Clark, Gardner &Hron, Ponca City, Oklahoma for Shelley Electric Company.

Description: Lien foreclosure with counterclaim by Thorn Apple Valley, Inc., for breach of contract and cross-claims by 30 subcontractors against Plaintiff in conjunction with the construction of a meat packing facility built in Ponca City, Oklahoma. Facility Contractors was the general contractor and Thorn Apple Valley was the owner of the plant. Thorn did not pay Facility which filed a lien on Thorn's plant. When Facility brought its action to foreclose on its lien, Facility included 30 of its subcontractors as defendants. The subcontractors made counterclaims against Facility for sums due them on their subcontracts. Shelley Electric counterclaimed against Facility Contractors for compression, disruption and acceleration damages.

Outcome: For Plaintiff in the amount of $6,381,909 million; for Shelley for $364,381. Other subcontractors, including Shelley, had earlier received summary judgments for agreed contract claims against Facility Contractors.

Plaintiff's Experts: Gerrold Oberlander, Stillwater, Oklahoma, construction management, and Mr. Davenport, A.W. Hutchinson Consultants, Atlanta, Georgia, construction management.

Defendant's Experts: Shawn Firoosen and Mark Lamb, Ann Arbor, Michigan, construction management.

Comments: None